NIW Bearings
dismissedAUG282023_01B52032023-08-28 · appeal · Texas Service Center

This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.

The Petitioner, an accountant and business operations specialist, sought to work in that field, later submitting (in response to an RFE) a plan to establish and operate his own company.

Field: accounting and business operations · Read the decision (uscis.gov)

EB-2 threshold — addressed

The Director found the Petitioner qualifies for EB-2 classification as an advanced degree professional; this was not disputed.

Prong 1 — national importancenot established · dispositive

“the evidence primarily relates to either documenting the Petitioner's work experience and background or providing general information about the field of business operations”
“a proposed endeavor should be more specific than a general occupation, because in establishing national importance the relevant consideration is not the importance of the overall occupation or industry, but rather the specific endeavor”
“the Petitioner did not establish that the company's potential prospective impact would rise to the level of national importance”
“the Petitioner again primarily discusses his work experience and background as establishing the national importance of his endeavor”

AAO decision text

How the evidence was treated

  • business plan · discounted
    “this plan represents a material change to his endeavor”
    AAO decision text
  • resume experience · discounted
    “this evidence relates to the second Dhanasar prong and does not help establish the specific endeavor”
    AAO decision text
  • certification membership · discounted
  • recommendation letter · discounted
  • other · discounted
    “providing general information about the field of business operations”
    AAO decision text

Where this case turned

  • Business plan speculative · p1 — projections without a documented basis or steps
  • Endeavor too vague · p1 — described as a job role, not a defined undertaking
  • Field importance conflated with endeavor · p1 — argues the field matters, not the specific endeavor
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Notable

AAO expressly declined to reach prongs 2 and 3, finding prong 1 (national importance) dispositive. The Director found petitioner's post-filing business plan constituted an impermissible material change to the endeavor under Matter of Katigbak, which the AAO adopted; petitioner failed to rebut this on appeal.

Authorities this decision leans on

From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.

  • 8 C.F.R. 103.2(b)(1)
  • 8 C.F.R. 103.2(b)(12)
  • 8 C.F.R. 103.3
  • Chen v. INS
  • Matter of Katigbak
  • Matter of L-A-C-

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